Mr Kelly wants to ensure politicians do not take over the courts

Matthias Kelly, chairman of the Council, which represents 14,000 barristers in England and Wales, says it is vital consultation papers due out next week did not open up opportunities for ministers to exert pressure on judges to take decisions reflecting Government policy.

The papers, to be published by Constitutional Affairs Secretary Lord Falconer, will cover the establishment of a Judicial Appointments Commission (JAC), the creation of a Supreme Court, and reforms to the silk system for senior barristers.

Mr Kelly says a JAC is desirable in principle, but voiced concerns it could be dominated by government "placemen" and that judges would be questioned about their political allegiances, as they are in the US.

Applications to join the ranks of judges should always be based solely on merit and quotas are simply not on Matthias Kelly, chairman of the Bar Council

"We are very concerned about anything that might lead to political interference in the process," he said.

"In particular, I don't believe that a career judiciary is desirable at all. Then you would get people looking over their shoulders for preferment."

Mr Kelly said that while the council would welcome a more diverse judiciary, applications to join the ranks of judges should always be based solely on merit, and the idea of quotas was "simply not on".

"Whatever commission arises must be free of political placemen," he said.

Mr Kelly strongly advised against any opportunity for the Lord Chancellor or any other politician to serve in court.

Support cautious

Barristers gave a cautious welcome to proposed changes to the judicial system, announced in Tony Blair's recent reshuffle of cabinet ministers in June after some initial confusion.

The changes include the abolition of the post of Lord Chancellor who sits as both judge and cabinet minister, a new supreme court to replace the law lords, and an independent body to appoint judges.

They will be overseen by a new department, the Department for Constitutional Affairs (DCA).

David Davis said the changes seemed to have been put together as a "botch job"

The Tories, however, accused Mr Blair of treating the judiciary as "another pawn on his cabinet board".

Shadow deputy prime minister David Davis said the prime minister was treating the constitution as "his own personal bauble".

"The constitution, including the judiciary, is something that belongs to the country as a whole," he warned.

"It is not something to be pushed around by a sort of Labour Party managerial by-product," he warned.